SELVAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) TWO thousand years ago, Saint Thiruvalluvar, in one of his couplets "on the greatness of a Kingdom''' wrote thus: <IMG>JUDGEMENT_341_MADLJ2_2011Image1.jpg</IMG> That is: "Waters from rains and springs, a mountain near, and waters thence; These make a land, with fortress' sure defence". which means: The constituents of a kingdom are the two waters (from above and below), well situated hills and indestructible fort. These writ petitions are all about waters. The conflict is between protection of environment and preparation for development. Striking a balance between these two, in public interest, shall resolve the dispute. With this prelude, let us go to the facts of these cases.

(2.) THE National Highways Road No. 67 from Tiruchirappali via Karur has been proposed to be widened. THE said road passes through three villages, known as Kothamangalam, Kallikudi and Thaiyanur in Trichy District. As per the original approved project, the said road was proposed to be laid across Piratiure Aarei (Kothamangalam), Kallikudi Tank and Thaiyanur Tank, which are irrigation resources. Indisputably, for this proposal, the National Highways Authority gave appropriate approval and Environmental clearance had also been obtained from the Central Government. Based on the said proposal, the National Highways Authority requested the District Revenue Officer, Trichirappalli, to acquire the required lands for the implementation of the project. But, subsequently, the third respondent, the State Government, appears to have requested the fifth respondent to re-align the road on the ground that there were certain objections from the farmers, who are the beneficiaries of Kallikudi Tank.

(3.) IN those two writ petitions, the farmers raised several objections for the new alignment stating that it will virtually make the tanks defunct. IN those writ petitions, it was contended by the respondents that the laying of the road,as per the new alignment would not in any manner minimize the storage of water in these three tanks and the irrigation. It was also contended that though the road divides the lakes into two segments, it will make way for free flow of water from one side to the other side by means of culverts across the road. After having considered the above contentions and after having referred to various judgments of the Hon'ble Supreme Court, a Division Bench of this Court, by order dated 23.12.2009, (one of us Justice S. NAGAMUTHU was a member of the Bench), found justification in the submissions of the farmers. However, with view to strike a balance between the public interest involved in the laying of the road as per the project and the interest of the farmers, who are the beneficiaries of these tanks and the other factors like ecology, environment etc., this Court, while interfering with the proposal of the National Highways Authority, to lay the road as per the new alignment, issued the following directions: